The Misuse of History to Undercut the Modern Regulatory State
Originalist arguments for rewriting administrative law are weaker than they seem.
Congressional Restoration of Tribal Civil Jurisdiction
Congress should enact a law that restores tribal regulatory and adjudicatory authority.
The Universal Injunction Debate
Can a single judge lawfully prevent the entire government from enforcing a regulation?
The Constitutionality of Federal Regulation in Indian Country
A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.
The Constitutional Foundations of Communications Law and Policy
The government must recognize constitutional property and free speech rights in communications law and policy.